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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Law
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Experience:  English solicitor with over 12 years experience
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Damage to property - not advised of

Customer Question

Attachment: 2014-06-10_065537_oast_email.docx

We have an AST that runs oout next year but I have been transferred to New York to work so we have agreed an early release but we have to cover costs ie fee's and if empty cover rent. We raised an issue with the Oast a month ago as it was banging and keeping our children awake, the landlord has had someone to look at it and the work won't be done until August. In some email traffic the property manager advised that it was damaged on the 14th Feb ahead of when we moved in and we were never told of this, as if we were we would of not taken the property on so we feel its been missold. We questioned his email and he has now said its an asusmption as thats when the last high winds were. We have now lost all faith in landlord and agent. I feel that even though he has tried to retract his comment we have grounds to break out at no cost. Where do we stand as tentants ?

Submitted: 2 years ago.
Category: Law
Expert:  UKSolicitorJA replied 2 years ago.
Hello,

Unfortunately, it would be up to you to prove that the problem with the Oast was there before you moved in and this I think would be difficult to prove.

My advice would be to try and settle the matter amicably by possibly meeting the landlord halfway e.g. if they are asking for 2000, you may try and settle at 1000 in full and final settlement, as legally you would be liable for their costs and empty property rent until a new tenant moves in, unless your AST agreement has a break clause. The email may be used as evidence against them but it is not an open and shut case as they could say the problem was caused by high winds, an Act of God event beyond their control.

If you are unable to agree with the landlord, the matter could go to court who would have the final say on liability. If you are moving to NY, you would need to appoint a solicitor here to axt in your absence and this would add up your costs which is why I am advising that you settle the matter amicably before you go.

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